davidaulloa/AmericanStories huggingface dataset:
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16
VIM. DEAN AND WIFE,
w III RORERTSON eft al. |

| I
".
| w. III. ROBERTSON, ct al.
Appeal from the Chancery Court o.
Clay county. Hon. F. A. Critz, Chan
cellor.
Fred Beall, for the appellant.
Barry & Beckett, for the appellee.
From January 1, 1888, to February
5, 1886, w. FL. Robertson & Co. were
carrying on the business of merchant,
without a privilege license. During
| that time VIM. Dean and wife became
| indebted to them for goods bought in the
sum of S593.S5. On January IL, 1886
they executed their note payable Octo
Der l, 1886, to Robertson & Co. for that
amount and secured it by deed
of trust on certain real and per
sonal property. This note and security
was assigned by Robertson & Co. to the
First National Bank of West Point, as
collateral security for debt due il
from Robertson & Co. The note fell
due and was not paid, and the trustee
was proceeding to sell the property
covered by the deed of trust, when
Dean and wife filed this bill against the
bank and the trustee, setting out the
above facts and asking that the sale be
enjoihed and the note and deed of trust
be ordered to be surrendered for cancel
lation. The bill nowhere offers to pay
the notes of complainant held by the
bank, which is admitted to be Justly
due. The defendants demurred to the
bill on the grounds that ~ the bill
shows no equity as against the defen-
dant, the First National Bank (2) that
the bill fails to show any equity. The
chancellor sustained the demurrer and
the complainant appealed.
CAMPBELL, j., delivered the opinion of
the Court.
The notes and deed of trust to secure
them were null and void by : $50 of
the Code. in the hands of w. H. Robert
son & Co., and any person deriving
from them. Incurable infrmity infected
the contract, and was in no way helped
by the transfer, however innocent may
have been the transferree or what value
was paid. The claim that the statute
applies to the contract only in the
hands of the guilty violator of the law
is not sound. Qm hderet IN Hsrd, haeret
IN costicc- But it is true that who seeks
equity must do equity, and that bill
to cancel contract on the ground of
illegality viii not be maintained unless
it offers to pay what is justly due, and
on this ground the demurrer was proper
" sustained l Pomeroy's Eq. Jur. 2
59l. l Story Eq. Jur. 3 Gle. affirmed
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

Mrs. WILMER II. SHIELDS, daughter
of Hon. j. Randolph Tucker, died at
her home in Concordia parish, La, the
9Th inst.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

HoE. w. I. MCDONALD, Of Benton
county, a member of the present Legis-
lature, has been appointed Postal In
spector.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

WITH this issue, The CLARION enters
upon its fifty-fifst year.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

LEGAL proceedings are not always
"prosy," as is evidenced by the closing
sentence of au opinion of the Supreme
Court of Mississippi in reversing GRIM
inal case, as follows:
"If the common enemy of man were
on trial under our laws, for his action in
regard to
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

DUCK HILL promises to be Luck Hill.
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16
OF SUPREME COURT.
REPORTED FOR THE CLARION BY C. C.
CAMPBELL.
MONDAY, February L

MONDAY, February IA, 1887.
The following cases were affirmed:
5302-Oliver Harris v. State of Mississip-
pi.
5sss-Mary ". Werner V. Sallie J. Yer
ner.
5s46-E. C. Mcdaniel, ct al v. J. NJ. Al
len.
5354-R. ]. Black, ct al v. J. L. Combs.
5356-DeSoto County v. DR.. ]. Fl. P. West
brook.
5ssO-Robert Hall '. State of Mississippi.
The following cases were reversed and
reuanded
5s26-C. A. Grayson v. Brooks, Nicely 4
s30-Eugene Hubbard '. State Of Missis-
1853 Bob Lamar '. State of Mississippi.
53S1-Elias Osborne v. State of Mississip-
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

he should have a fair trial." etc, etc
The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-16

1.-THE fruit
OF that forbidden tree, whose mortal taste
Brought death into the world, and all our woe
With loss OF Eden"
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
PUBLISHED sEM1-WEEKLY By
The Miner Publishing Company.
MATT. ". ANDERSON Manager.

The remarks OF the Hon. w. A. Clark at
the meeting OF the Board Of Trade, Satur-
day night. were the expressions Of the
erystalised sentiment OF the community
which IL now united and acting in harmony
for the public good. MI. Clark but gave
voice to the popular sentiment in his
speech. He gave the general sentiment
that scope which is characteristic OF 1t
when he said the Butte Board OF Trade
wouldn't be confined by the city limits
in its great work. but labor for the whole
Territorial interest as well. Butte is
strong enough to support it's neighbors
and friends, including the beautiful capital
city OF Helena itself. which has the disad-
vantage OF being located on the east side
OF the Mullan tunnel, which is just now in
. state OF collapse. Then there is Bose
man, the natural ally OF Butte. She
must be looked after. As
Mr.. Clark well said, she
must be cared for. We want her trade
and need the products Of her great Gallatin
Valley, and in order to receive them must
reach out after them. There is no reason
Why Butte should not control the trade OF
the immense section tributary to her. She
should have transportation facilities supe-
rior to any OF her sisters because OF the
volume of her shipments, and no one will
deny but that she has the wealth. In this
respect she need not take a back seat for
any of the cities of the Territory. We
know OF no reaso why the city of Butte
should not take her stand at the head OF
the procession OF progress.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

1t is a subject of profound regret to THE
MINER that it's esteemed contemporary, the
Inter-Mountain, should make it a point to
back cap the Alice Mining Company. The
Alice is only one illustration of the fact that
the Union Pacific is making q rate on sup
plies, especially az to salt, which is vicious
and oppressive; in fact, it is such as to rem
der it impossible to operate the same to
The profit OF the stockholders. 1t does
seem somewhat singular that this great
mine should be forced to the very verge ol
the conclusion of shutting down simply be-
cause the shipments on salt should be SO
much more exorbitant than the rate on
coal transit from Rock Springs. Under the
new and progressive management OF Mr.
Potter we hope for better things than have
prevailed in the past management OF the
Union Pacific.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
MisdemeanOrs Punished.

In the Police Court yesterday Thomas
Williams, who had been in blissful oblivion
OF all %sublunsry cares, and had inbibed
too freely of the oh-be-joyful, pleaded
guilty to the enormity and was
committed in default of a fine
of 81 and costs. Charles Eckland. charged
with being in the embrace of Morpheus on
the sidewalk and Morph. not re.
ciprocating, INDUCING in vile and
abusive epithets, was committed in
default of a fine of IS and costs. Charles
Lindblod, indicted for being under the in
fuence on the corner of Main and Park
and using various a~ffectionate epithets of
doubtful meaning to the cop in attendance,
pleaded not guilty and paid a fine of IS
and costs.
THREE TERRITORIAL ARG
of disturbance of the peace we're preferred
by Edwin King, proprietor of the brick
yard outside the city limits. He charged
the defendant with disturbance of the
peace and quiet of the aforesaid
brickyard with loud and unusual
with threatening and ira
ducing afiant and challenging hin to
combat, which was very offensive
to the sensitive nature of the complainant.
him acute pain and anguish of
mind. The defendants pleaded not guilty
their trial is set for next Monday at
2 o. m. and they allowed to 60 on their
own re~cogpiKances,
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Reunited.

The dog which was the subject Of so
much litigation and expense in the case in
which Jacoby was the complaining witness
against Borlace was unearthed neal Wickes
in the possession of a man who said he had
bought him for 81 and sent word to Jacoby
that he could have him by refunding the
he had expended in his purchase.
Jacoby WAS only too glad to recover the
canine on such easy terms, forwarded the
money and master and dog were reunited
on the arrival of the stage line from Boul.
der last evening. -
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Filed for Record Yesterday.

Henry Melcher to VIM. H. Hartman
mining tunnel known as the Jettson lode
claim; $3.50.
John A. Leggat ct al. to George Pasros'
surface title to lots 9 and 10, block TO-
Butte; $500. 1000,
Thomas C. Gorrie ct al. to Jennie Wh,
helm, lot - in a townsite on the Buna"
Sp. r lode, surface title; 5000.
Affidavit of labor and improvement
made on Rose and Shamrock ode cla'"
by Edward D. Quiren and Hest Crowe1'
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
THE DESTROYING ELEMENT
BurnsOut q Grocery Store on Galena
Street and Consumes the Chinese
Laundry in Which 1t Started.

Yesterday morning about 8 o'clock K.S.
Batteiger, who owned q grocery on the
south side of Galena street near Wyoming,
in the real Of which he slept, was awakened
by smoke entering his bedroom, and found
that it proceeded from a Chinese laundry
fronting on Wyoming, which had caught
| fire and communicated to his store. How
long the fire had been burning there could
/ not be ~ascertained, but the buildings being
frame, and the stock in Batteiger's celia,
being very inf1ammab]e, it wal only a few
seconds ere the entire building was enve)'
| oped in flames. The building was the prop
erty OF Joe Nadeau, and the grocery stock
was valued at about $4,000, insured for
$4,000 in george F: Marsh's agency, $500
each in the North British and Mercantile,
| the Edinburgh, the Home of New York, the
National II Hartford and the Western OF
Toronto. OF this about
81. 200 WORTH WAS SAVED
in the shape of barrels of whiskey, vi: agar
and other heavy &, DDS which the fire did
not reach. The grocery store had a ceilar'
age about twelve feet deep, and there was
q vacant lot at the corner on the east,
which enabled the firemen to work upon it
e~ffectually. They arrived there immedl'
ately after the alarm vas given, and two
hose were attachet at the Carr 4 Owsley
plug on Main and Park, which played a
deluge of water upon the flames. The lat.
ter began to creep under the Sidewalk and
had begun to make Roadway into the ad.
joining house occupied by one OF the trail
sisterhood, out of which the furniture had
been hustled in short order. Chief Owsley
was on the ground giving directions, when'
seeing the obstinacy of the fire, which was
owing to an amount of lard in the cellar
he sent for one of the chemical engines:
Henry McMurphey and Assistant Chle'
O'Brien engineered the chemical and its
INFLUENCE WAS VERY EFFEeTuAL
wherever the stream was directed in e1'
t%inguishing the conf1agration under the
sidewalk and checking the speed OF flames
on the west. The Chinese laundries were
leveled to the ground and the grocery store
was Quilted and nothing bnt some
charred boards left standing. The 6remen
worked with their usual energy and intre'
pidity and stood 10 their post until nearly,
= O'Clock. Smoke rose from the pile OF
burnt rubbish in the rear all yesterday bu'
this didn't prevent the Cinnamon from
raking over the cinders in search OF ther
lost cash. Owing to the fac that not al
Acknowledged o OF a Celestial heatheh
be seen after the fire was discovered
a rumor spread hat nine OF them han
been burned alive, but it turned out to |"
groundless.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

There is probably more truth than fiction
in the current reports that the resignation
Of Endicott and Drum would be acceptable
tributes TO assuage the executive wrath in
the matter OF the battle flags. 1t was but
natural that the President should accept
their suggestions as to the matter in their
sphere of political activity. No one man
could be expected to look into the details
of every department. What better could
be expected OF the President of the United
States thar that he should be directed in
his policy by his chosen advisers? In this
case he had as counsellors the secretary Of
war and the old and timely adjutant
general OF the army.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The exclusive news contained in our st.
Paul special yesterday morning to the ef.
feet that President Hill contemplates the
extension of the Manitoba system from
Butte to Denver need not be a surprise to
those who are acquainted with his pro-
s~ressive plans. 1t is clearly his purpose to
reach out in every direction for all Of the
trade there ia in sight.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

Col. ]. H. Mclaughlin, the mighty wrest.
Ter from st. Paul. now in Helena, has found
aMichigan man to a t~he.texture of his
muscle with him, and in this issue Of The
MINER challenges any man in or out OF
Montana 10 meet him. We trust hat we
have right here in Butte somebody who
will meet Mr.. Mclaughlin and wrest the
championship from him. In a great city
ike this there should be a blue ribbon
wrestler,
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

Miss Grace, the beautiful and accom-.
plished daughter OF Joe Howard. the well
known newspaper correspondent, who
broke into Fortress Monroe during the wal
for forging p~rematurely an emancipation
proclamation, is wasting the substance Of
her sweet life on the Sioux Indians at the
Grow agency, where she has established a
school. This misguided young woman,
who should be engaged in rearing a family,
is throwing her life away, as did Miss Mea-
ker on the NANCY Utes. There is no good
naught but CULLEN an aboriginal heart.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

A iree-and- easy fight is reported from
Westmoreland, England. The Yorkshire
men met the t%horoughbreds from London
town and proceeded to adorn their cranial
architectures in the latest and most
approved style, simply becauee the latter
had the audacity to assail them in their
stronghold.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Btsmarck's Drinking Capacity

That Bismarck is a heavy drlnker' "
rather that he has been, is shown bya re'e4'
publication. 1t is stated that while h"o'
ing with the King they reached a hun',"'
station where was a drinking cup when y
longed to Il former German King. IL Na rs
made in UGH a fashion that once placeu :.
the lips it must be drained, or it's con.eD..
Wou Id overflow. 1t was filled with cnan
payne and handed to Bismarck with tn0 ;,.
P~ectation that he would be bic ~ He
oibe the quart which it contained. tod
placed it to his lips, and having exna '.b;ts
IL without a drop falling upon ms
vest, exclaimed: Bring me another
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Papal EInmlssaries.

ROME, June 24.-Mgr. Persico ano -.
Gauldi left for Ireland on a mission =.
structed to them by the Pope. Ines .;ou
instructed to make personal obser' tbs
and report on the political position u tlv
Irish people. Father Locatell, He
from Soudan, started on his re1uau.-yf
will endeavor to release the r''ss'
hs,a prlscns-s II x.rt.nr,
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The issuance OF a seven-day newspaper
is great convenience to the public, but it
il q sacrifice to the proprietors which we
trust is appreciated by the patrons of the
only publication that has the enterprise to
do this in the Territory of Montana. The
MINER is a newspaper every day in the
year, which every reader should be
proud OF.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

We are under special obligations to the
thoughtful Western Union Telegraph Com
pany that it was considerate enough to
wait until Saturday night to take a vaca'
ton. and not send any specials or Assoc
ciated Press for The MINER over its
wires. Owing to the fact that THE MINER
is a newspaper, and issues every day in the
year, it is able to publish the news ahead
OF all it's esteemed contemporaries.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Two DRINKS.

In the Police Court yesterday VIM. Nc
Cornell. who was charged with being glori-
ously drunk and disturbing the peace OF
Park and Main by vociferously announc-
ing his intention Of paralyzing everybody
tried, convicted and committed in default
OF S. and costs. Charles Cogle. drunk and
boisterous, was committed in default of 81
an costs.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
Orion Band Uniforms,

The new uniforms OF the Orion Band are
on exhibition at Goldsnith's and are neat
and handsome suits. There is very little
gold braid and gewgaws about them which
is rather in contrast to some recently i'm.
ported. They are all well fitting, not a
change having to be made since their re-
ceipt. The drum majors suit, destined
for al Orion. will show up hat stalwart
individual in great shape, and with the
white bearskin shake and baton he will be
an imposing figure at the head OF q column.
The band will practice this week at Turn
Halle on Granite street and rehearse for
AIS benefit to enable him to get the hang
Of the drum majors staff and a street
parade will follow in due course
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
THE SECOND TEST.
The Chemical Engine and a Water Com.
pany Contest Their Fire Distinguishing
Merits-The Latter Ahead.

Yesterday evening at 9 O'Clock the prom
Used test of the chemical engines was made
in the nature of a contest between the rec
of the Fire Department and one of the new
imp~ortations. The machines were ranged
evenly on Park street looking towards the
departed IN, and the bonfires upon
which they were to play were placed seven
hundred feet down on Montana street from
the corner OF Park below Davis stable.
The latter were large and the most infam.
able materials were lavishly used in their
construction. Five gallons of coal oil was
poured upon each. Frank Townsend had
charge of the water side and Fred O'Brien
of the other. An enormous crowd lined
the street on both sides. The water men
had q load of $500 pounds to haul by her
men,, while the chemical engine was manned
by eight men hauling about $50 pounds.
LOST SEVEN SECONDS
in making their coupling at the plug On the
corner of Park and Montana, but got to
the fire a couple of seconds ahead of the
chemical and had their water playing on
the bonfire. The chemical men claim they
iosC Ulme III passing over some loose dirt
on Montana street from q house founda.
ton, and also when unreeling their hose
that some children interfered with it's quick
adjustment. The bonfire Of the water
company was ~extinguished three seconds
before that OF the chemicals was under
control. Acting Chief Owsley wa heard to
say: 1.-The chemicals are good. It it
hadn't been for the loose dirt l think the
chemicals would have got away with it
first"
QUITE A CONTRARY OPINION
is entertained by the members of the two
fire companies who were present, and who
regarded the time made and the work done
by the water company as incontestably
proving the superiority of the already ex-
listing means Of fire extiHguishment pos
sessed by the volunteer companies. Cap
tain Walsh, on being seen, said that there
was time enough after the water company
had completely extinguished their fire for
them TO have put out two more such bon
fires before the chemicals got theirs out.
The result has been to confirm the two VOL
unteer companies in their expressed inten.
ton not to serve on the chemical engines.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The Board OF Trade acted wisely last
night in electing W. A. Clark President. He
il q progressive man and will do everything
in his power for the future development OF
the city OF Butte, as he has done in the
past. OF the organization OF the Board
We shall expect much.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

From the latest advices we have Of the
condition OF the tunnel at Mullan we are
led to believe that an expenditure of $780,
600 is necessary to put the big bore on
dress parade for July Fourth. 1t is now in
bad shape and will require at least the
amount named to put it in condition for
the nations holiday.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

Mrs. Cleveland has arrived ct home and
the Prssidsnt's temper has improved .
eordingiy. The ant and best lady ID the
land undoubtedly exercises . good in1u.
enes ON the CHIEF executive who 10 inclined
to be cross when the trout fail to take
kindly to the fy.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

Russia is busy Strengthening her armies
and it is only a question OF time when
she shall maintain her military strength
with England. Each OF these great powers
is straining every nerve to grasp the
Indian trade. Candahar is the bone of
contention to-day. This is the sinister
part involved in the INTER- ational con ten
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

Owing to the iueficiency OF the Western
Union service the Salt Lake races, which
should have been reported Sunday morn.
ing, are given to-day. II the Western
Union wire service 10 only given time it will
get there. It may be q little slow, but it ID
q sure thing. r-.s
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The tests that nave been made all 60 to
show hat the chemical engines are a sue
cess for q mountain town such as Butte is.
With the experience that comes of prac-
tice, the boys will soon learn how to man.
ipulate the machine.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The failure Of the Fidelity Bank OF Gin.
cinnati for the vast sum OF six million dol
lars lie what might have been expected OF q
concern which made 50 bold an attempt to
corner a commodity in which the whole
country was interested.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The NANCY range steer has been rubbing
up against the measly poles Of the Western
Union wires between here and Ogden again.
The result is curtailed associated press
and MINER special reports. We trust the
shedding season will soon be over.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

The latest advices from Anaconda are
that the great copper camp is still prosper
ing. That town enjoys the distinction Of
having the greatest copper reduction works
in the world.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

TIE MINER is sorry to see it's esteemed
but enterprising contemporary. the Helena
Independent, copying it's Washington news
with that zeal which should characterize a
better cause than larceny.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

From the tone of our St. Paul CORE.
spondence there seems to have been some
awful happenings in M~innesota's metropo-
lis and capital of late. The MINER has q
bright and obser wing correspondent there,
as it has in every news center.
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29
SUBSCRIPTIONS FOR THE FOURTH.
Active Work on the Part of the Com.
mittee SO Far, but . Good Deal YET
Remains to Be Done.

The work of collection for the Fourth OF
July celebration in Butte goes bravely on
by the indeiatigable gentlemen who have
the matter in charge. The citizens are not
responding with as much liberality as OF
yore, and this is to be regretted, as the ef-
forts OF the West Side Fair and Racing As
ISOLATION should he supplemented by an
effort to make the attractions in town on
the Fourth commensurate with those fur
nished by the liberal expenditure made by
the association.
Addition collections to the Fourth OF
Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-06-29

1t looks q little as if the Genesta would
win the jubilee honors but the Thistle is
swifter than she. But the race is not
always to the swiftest.